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BUS_415
September 06, 2010

In this instance the case would be tried in civil court because no criminal law was broken. Civil law is based upon a published code of statutes, whereas criminal law is decided on interpretation of the law found in a courtroom. Civil law decides on private rights and liabilities, as opposed to criminal law, which determines guilt. For example in a criminal court, the defendant may be found guilty of stabbing the waiter at a local Italian restaurant with a limp noodle, and the civil court would find him liable for damage the he inflicted on the waiter’s car after the unsavory meal.
Judicial review is one of the unique features of United States constitutional law. It is no surprise to find that the power of the federal courts to test federal and state legislative enactments and other actions by the standards of what the Constitution grants and withholds is nowhere expressly conveyed. But it is hardly noteworthy that its legitimacy has been challenged from the first, and, while now accepted generally, it still has detractors and its supporters disagree about its doctrinal basis and its application. Although it was first asserted in Marbury v. Madison to strike down an act of Congress as inconsistent with the Constitution, judicial review did not spring full-blown from the brain of Chief Justice Marshall. The concept had been long known, having been utilized in a much more limited form by Privy Council review of colonial legislation and its validity under the colonial charters, and there were several instances known to the Framers of state court invalidation of state legislation as inconsistent with state constitutions.
The statute enacted by the state of Confusion is unconstitutional to say the least. For any one state to enact a law which determines one’s ability to transport goods through said state, a Federal